Louisiana Child Custody: A Parent's Guide

In short: Louisiana requires courts to award joint custody when parents don't agree, absent consent to sole custody, a history of family violence, or clear and convincing evidence that sole custody better serves the child. One parent is typically named the domiciliary parent. The potential for child abuse is the primary consideration under Civil Code Article 134. Relocating a child's residence out of state, or more than 75 miles within Louisiana, requires 60 days' written notice.

This is an educational overview written for parents, not lawyers. It isn't legal advice. For anything beyond general understanding, talk to a licensed Louisiana family law attorney.

What Louisiana generally provides

Louisiana courts must award joint custody when parents can't agree on a custody arrangement, unless the parties consent to sole custody, there's a history of family violence, or clear and convincing evidence shows sole custody is in the child's best interest. Under a joint custody order, one parent is typically designated the domiciliary parent, with primary physical custody and day-to-day decision-making authority, while both parents retain joint authority over major decisions.

Important terminology

• Joint custody: Louisiana's default outcome absent agreement to sole custody or evidence favoring it, shared legal authority over the child.
• Domiciliary parent: within a joint custody arrangement, the parent with whom the child primarily lives and who handles day-to-day decisions.
• Best interest of the child: Louisiana's controlling standard under Civil Code Article 134, with the potential for child abuse as the primary consideration.

How custody works in Louisiana

A strong joint-custody preference

If parents don't agree on custody, Louisiana law directs the court to award joint custody as the default outcome. Departing from this requires the parties' consent to sole custody, a history of family violence, or clear and convincing evidence that sole custody serves the child's best interest.

Best-interest factors, with abuse as the primary consideration

Civil Code Article 134 makes the potential for the child to be abused the primary factor. Beyond that, courts weigh the love and emotional ties between each party and the child, each party's capacity to provide love, guidance, and material needs, the length of time the child has lived in a stable environment and the desirability of maintaining that continuity, the moral fitness of each party as it affects the child, the mental and physical health of each party, the child's home, school, and community history, the reasonable preference of a sufficiently mature child, and each party's willingness to facilitate the child's relationship with the other parent, except where substantial evidence of abusive or unsafe conduct justifies limiting that.

Parenting schedules

Once joint custody and a domiciliary designation are set, families commonly build the actual schedule around patterns like 2-2-3 or week on, week off. See what is a parenting plan for what a strong plan generally covers, how to choose a custody schedule for a general framework, and the custody schedule generator to build the actual calendar.

Moving with your child (relocation)

Louisiana's relocation statute applies when a parent proposes to establish a child's principal residence outside Louisiana, or move it more than 75 miles within Louisiana from the other parent's residence under an existing custody order. The relocating parent must notify every parent and any other person with custody or visitation rights by registered or certified mail, return receipt requested, or commercial courier, generally no later than 60 days before the proposed move, including the current and intended new addresses. If the required information wasn't known sooner and the timeline doesn't allow for 60 days, notice within 10 days of learning it is acceptable. Anyone entitled to object must do so within 30 days of receiving notice; if an objection is filed, the relocating parent must start a summary court proceeding within 30 days, and can only relocate after a contradictory hearing approves it. See moving to another state with shared custody for how relocation standards tend to work more broadly across states.

Common questions

How is child support calculated? Louisiana uses the income shares model under La. R.S. § 9:315.2: both parents' adjusted gross incomes are combined, referenced against the statutory schedule (covering combined monthly incomes up to $40,000), and split proportionally, with a $100-per-child minimum obligation.

Can a custody order be changed later? Yes, generally on a showing of a material change in circumstances and that a modification serves the child's best interest.

What if my co-parent won't follow the custody order? You can file a rule for contempt with the court. Courts can order makeup time and, in serious or repeated cases, hold a parent in contempt.

Practical considerations

Because Louisiana requires a court-approved relocation before a contested move can proceed, rather than allowing it by default absent objection, plan for the possibility of a hearing well before a move date is set, worth discussing directly with a Louisiana family law attorney early in the process. Whatever the order specifies, the operational part that follows it, keeping both households aligned on the same schedule, logging change requests instead of relying on memory, and keeping a record if an enforcement issue arises, is a separate, ongoing piece worth planning for.

Official Louisiana resources

• La. Civ. Code Art. 134 (Factors in Determining Child's Best Interest)
• La. R.S. § 9:355.4 (Notice of Proposed Relocation of Child)
• La. R.S. § 9:315.2 (Child Support Guidelines)

Related OnePage resources

• Custody schedule generator
• What is a parenting plan
• How to choose a custody schedule
• Moving to another state with shared custody

Related Louisiana pages

• Louisiana hub